The proceedings shall continue if this motion is not admitted.
ART 379: When several procedures aimed at related acts are referred to the court, it may order, either
of its own motion, pursuant to a submission from the public prosecutor or at the request of one of the
parties, that these procedures should be merged into one.
ART 380: Offences that fall to misdemeanour courts shall be referred to them either through referral to
it by the examining court, the voluntary appearance of the part ies, subject to the provisions provided
for by the next article, by the immediate appearance either under a summons issued directly to the
accused and persons liable under civil law for the offence, or lastly pursuant to the implementation of
flagrant delicto procedure.
Section Il - Voluntary Appearance, Immediate Appearance and Direct Summons
ART 381: There shall be no need for a summons if following the notice to appear issued by the public
prosecutor, the person to whom this notice was sent voluntarily shows up in court.
The notice shall spell out the misdemeanour tried and refer to the law punishing it. The
detained accused person shall be judged based on a simple notice to attend.
ART 382 - The summons shall be issued following the time limits and procedures provided for
in Part V of this Code.
However, when the accused has a known residence, he/she shall be summoned only if notice,
issued in accordance with the previous article, is not heeded to.
ART 383: The Public Prosecutor's Office shall inform whoever files a complaint about the date of
the hearing.
ART 384: A party claims damages that directly summons an accused person before a criminal court
shall elect, in the writ of summons, domicile in the jurisdiction of the court hearing the case, unless this
party is domiciled in this jurisdiction.
ART 385: In misdemeanour cases, after the verification of the identity of the person who has been
referred to it, informing him/her about the charges brought against him/her and taking down his/her
statements if he/she makes such a request, the State Counsel may, if he/she thinks that a criminal
investigation is not necessary, proceed as stated in article 386.
ART 386: T h e S t a t e C o u n s el s h al l i n f or m t h e r e f e r r e d p e r s o n t h a t h e / s h e h a s t h e
right to be assisted by a legal counsel.
If a lawyer has already been provided, he/she may right away consult the case file and freely
communicate with the accused.
The procedure shall be considered null and void if these formalities are not stated in
the reports.
The State Counsel may bring the accused before the court when he/she thinks that the cas e can
be tried.
If the court cannot meet on the same day, the State Counsel shall call on the deferred person to
appear before the court within a period that may not be less than 15 days, unless the relevant party
formally waives the presence of his/her lawyer, or higher than 30 days.
He/she shall give him/her notice of the charges held against him/her, the venue, date and time of
the hearing.
This notice, stated in the report, shall right away be handed to the accused and the latter shall sign in a
register kept for this purpose.
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